§ 10-5. Police investigation of alcoholic beverage outlets and employees.

(a)

Duties of police department. The police department of the city shall be charged with the duty of making investigations of all persons holding city alcoholic beverage permits under this chapter. When arrests are made for violations of any state laws or city ordinances which are cause for suspension or revocation of an alcoholic beverage permit, the police department shall file affidavits with the proper state board or municipal authorities having jurisdiction over the suspension and revocation of such alcoholic beverage permits, which such affidavits shall set forth the facts and circumstances of the violation.

(b)

Fingerprinting of employees. Every employee of a cabaret or night club who comes in contact or is likely to come in contact with the patrons thereof shall, not later than June 1, 1964, or within three days of the date of original employment, whichever date is the latest, make application with and be fingerprinted by the police department of the city for a cabaret or night club employee's identification card. Upon making application, each applicant shall furnish and file therewith three photographs of himself of passport size, 2½ inches by 2½ inches. All individuals, members of a copartnership and all officers of a corporation holding a license to sell alcoholic beverages and beer under the provisions of the beer and alcoholic beverages regulations not participating in the physical operation of such licensed premises do not require an employee's identification card. No person shall be issued a cabaret or night club employee's identification card or temporary permit who has been convicted within a five-year period of a felony or any misdemeanor involving moral turpitude under the laws of the United States, the state, the ordinances of the city, or of any other state, sovereignty, parish, county or municipality, or within a five-year period after serving a term in a penal institution. The willful furnishing by an applicant for an identification card of false information shall constitute a misdemeanor.

(c)

Identification card. No person who comes in contact with the patrons of a cabaret or night club shall be employed on the premises after June 1, 1964, or more than three days after the date of original employment, whichever date is latest, and shall not be reemployed during such period, unless such person has obtained a current cabaret or night club employee's identification card, or temporary permit issued by the superintendent of police in such form and manner as he may prescribe. The willful employment of an employee in violation of the provisions of this section by the management of any cabaret or night club shall subject the licensee thereof to a revocation or suspension of the beer and alcoholic beverages license issued to the licensee, which revocation or suspension shall take place in accordance with subsection (e) of this section. The date of original employment, as well as the name, address and occupation, must be entered in the personnel roster book prior to the actual performance of any duties by the employee. It is the responsibility of the licensee that all employees have their identification cards in their physical possession or on file with the licensee on the premises. The identification card, if kept on file by the licensee, must be returned to the employee upon termination of employment. Any identification card which for any reason cannot be promptly returned to the employee must be forwarded to the superintendent of police without delay. All individuals, members of a copartnership and all officers of a corporation holding a cabaret or night club license not participating in the physical operation of such licensed premises do not require an employee's identification card. The holder of an identification card or temporary permit shall:

(1)

Have the card or temporary permit in his physical possession while in the place of employment (if the card or temporary permit is on file with the licensee in the premises, such filing will be considered compliance with this provision);

(2)

Produce the card or temporary permit for inspection upon demand of a member of the police department or a representative of any law enforcement agency;

(3)

Not permit the use of identification card or temporary permit by another;

(4)

Immediately notify employer and notify superintendent of police in writing of any change in address;

(5)

Immediately report to employer and superintendent of police the loss of the card; should circumstances warrant, a duplicate card will be issued;

(6)

All cabaret and night club employees' identification cards shall expire on the anniversary of the birthday of the applicant which is nearest to a date two years subsequent to the issuing of the identification card, unless revoked, cancelled, or suspended;

(7)

A service charge of $3.00 shall be paid by the applicant at the time of applying for a cabaret and night club employee's identification card, or a renewal of same. In the case of a lost identification card, an additional fee of $3.00 shall be charged for each duplicate card issued. All money collected for cabaret and night club employee's identification cards shall be forwarded to the department of finance daily for deposit into the general fund of the city for the defrayal of the expense of the administration of this section.

The superintendent of police shall, after notice and hearing, suspend or revoke any identification card or temporary permit issued by him upon the finding that the holder thereof would not be eligible for the issuance of a new card under the provisions of this section, as set out above.

(d)

Record of employees. There shall be maintained in each cabaret and night club a bound book, with pages consecutively numbered which shall contain a record of each employee. This book shall be known as the "personnel roster" and shall be available for inspection during the hours the cabaret or night club is open to the public, and entries concerning each employee shall be made in the following manner:

I.D. Card or Temporary Permit No.	Name	Present Address	Occupation	Date Employed	Date Terminated
1075	Jane Doe	69 Jane St.	Singer	1-3-61	2-4-61

 

A copy of this record (personnel roster) shall be filed with the superintendent of police or the commanding officer of the precinct wherein the cabaret or night club is located upon written direction of either officer or any law enforcement officer.

(e)

Investigation, suspension or revocation of alcoholic beverages permit. The department of police shall make periodic investigation of the businesses of all persons holding identification cards under this section, and businesses of all persons holding city alcoholic beverages permits and licenses under the provisions of this chapter, as amended. When violations of any of the provisions of this section are observed, the department of police shall file an affidavit with the mayor and the alcoholic beverage control board setting forth the facts and circumstances of the violation. A hearing shall then be held by the alcoholic beverage control board in the manner provided by law to determine whether the alcoholic beverages permit provided for in this chapter shall be suspended or revoked. When such permit is revoked, due to the violation of this section, no new permit shall be issued to the same licensee until one year after the date of revocation.

(f)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cabarets and night club mean any room, place or space in the city in which any musical entertainment, singing or dancing, or other similar amusement is permitted in connection with the business of directly or indirectly selling to the public alcoholic beverages. The term "musical entertainment" shall not include recorded music, reproduced through a coin operated device or otherwise, nor shall it include television or radio entertainment.

Employee of a cabaret or night club means a person employed in any capacity or title in connection with a cabaret or night club, including the licensee and any/or all persons responsible for the control or management thereof. It shall also include a concessionaire and each person employed by such concessionaire.

(Code 1956, § 5-58)